- The magistrate said he had considered the submissions by the defence and the prosecution before granting the bail terms.
- The case will be heard on December 4.
Image: FILE
Former Mungiki leader John Maina Njenga and his brother Peter Njoroge have been released on a Sh100,000 cash bail each
Makadara chief magistrate Francis Kyambîa released Njenga, Njoroge and Felix Ratu on Tuesday.
He also gave an alternative of a Sh200,000 bond to each of the accused persons.
The magistrate said he had considered the submissions by the defence and the prosecution before granting the bail terms.
He said it was the accused persons constitutional to be released on bail pending trial as the prosecution had not proved how the accused would interfere with witnesses.
The case will be heard on December 4.
The three had been accused of being in possession of 14 machetes, 24 Maasai swords, 46 rungus and three jembe sticks in circumstances which raised a reasonable presumption that the weapons were intended to be used in prejudicial to public order.
They allegedly committed the offence on July 20 in the Kiserian area within Kajiado.
They faced a second count on the same dates and place they were in preparation to commit a felony by being in possession of the weapons.
The prosecution further said the accused persons jointly organized an unlawful assembly and procession scheduled to take place within Nairobi and other parts of the country.
They all denied the charges.
The prosecution had also opposed their release on bail.
The DPP argued that there is a likelihood that Njenga may commit more crimes or offences from the record of his character as he was recently charged in a Nakuru court.
"The recovery of offensive weapons from the accused and the Nakuru case is similar to this one, Njenga is a repeat offender. If released Njenga is likely to continue perpetuating similar crimes," the court was told.
The court also heard Njenga is an influential person and is likely to instil fear and harm witnesses that will come to give evidence to the charges presented in court.
The Prosecution added that Njenga's life is under threat from other outlawed sects and Other accomplices are at large and Njenga may influence them not to be arrested if released.
Through their 14 lawyers led by Harun Ndubi, the accused pleaded for lenient bond terms stating that their rights were violated having charged past 24 hours.
However, the magistrate ruled that there are relevant independent bodies to lodge complaints and delegation of duties in the absence of DPP.
The court was urged to release the suspects on free bond.
The defence added that the three had been held incommunicado for over five days, blindfolded and denied access to their Family members or lawyers.